Amendment in Rule 5(2), 29, 29-A, 30 ,31, 32(1), 37, 37(A), 48A(5),48(B) and 48(C) of CCS(Pension) Rules, 1972
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioner’s Welfare)
NOTIFICATION
New Delhi, the 21st December, 2012
G.S.R. 928(E).- In exercise of the powers conferred by the proviso to
article 309 and clause (5) of article 148 of the Constitution and, after
consultation with the Comptroller and Auditor General of India in
relation to conditions of service of persons serving in the Indian Audit
and Accounts Department, the President hereby makes the following rules
further to amend the Central Civil Services (Pension) Rules, 1972,
namely
(1) These rules may be called the Central Civil Services (Pension) Amendment Rules, 2012.
(2) Save as otherwise provided, these rules shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Pension) Rules, 1972, (hereinafter
referred to as the said rules) in rule 5, in sub-rule (2), the proviso
shall be omitted and shall be deemed to have been omitted with effect
from the Day of January, 1996.
3. In the said rules, rule 29 shall be omitted.
4. In the said rules, for rule 29A, the following rule shall be substituted, namely:-
"29A - Ex-gratia under Special Voluntary Retirement Scheme.- A permanent
Government servant, who, on being declared surplus to the establishment
in which he was serving, opts for Special voluntary Retirement Scheme,
shall be entitled for determination of ex-gratia in addition to the
pension”.
5. In the said rules, rule 30 shall be omitted.
6. In the said rules, for rule 31, the following rule shall be substituted, namely :—
"31. Deputation to United Nations and other organisations—A Government
servant who is deputed on foreign service to the United Nations’
Secretariat or other United Nations’ Bodies or the International
Monetary Fund or the International Bank of Reconstruction and
Development or the Asian Development Bank or the Common wealth
Secretariat or any other International organization and who becomes
entitled for pensionary benefits from that Organization, may at his
option,—
(a) pay the pension contributions in respect of his foreign service and
count such service as qualifying for pension under these rules; or
(b) avail the retirement benefits admissible under the rules of the
aforesaid organization and not count such service as qualifying for
pension under these rules:
Provided that where a Government servant opts for clause (b), retirement
benefits shall be payable to him in India in rupees from such date and
in such manner as the Government may, by order, specify:
Provided further that pension contributions, if any, paid by theGovernment servant, shall be refunded to him”.
7. In the said rules, in the rule 32.—
(a) for the marginal heading, the following heading shall be substituted, namely:
“Veñfication of qualifying service after eighteen years service or five years before retirement.—”;
(b) in sub-rule(1), for the words "twenty-five years”, the words “eighteen years” shall be substituted.
8. In the said rules, in rule 36, in clause (b), for the words “Rule 29
of these rules” the words “Special Voluntary Retirement Scheme relating
to voluntary retirement of surplus employees.” shall be substituted.
9. In the said rules, in rule 37, in sub-rule (3), the words “pro rata” shall be “omitted.
10. In the said rules, for rule 37A, the following rule shall be substituted, namely;—
"37A. Conditions for payment of pension on absorption consequent upon
conversion of a Government Department into a Public Sector Undertaking.—
(1) On conversion of a department of the Central Government into a
Public Sector Undertaking, all Government servants of that Department
shall be transferred en-messe to that Public Sector Undertaking, on
terms of foreign service without any deputation allowance till such time
as they get absorbed in the said undertaking, and such transferred
Government servants shall be absorbed in the Public Sector Undertaking
with effect from such date as maybe notified by the Government.
(2) The Central Government shall allow the transferred Government
servants an option to revert back to the Government or to seek permanent
absorption in the Public Sector Undertaking.
(3) The option referred to in sub-rule (2) shall be exercised by every
transferred Government servant in such manner and within such period as
may be specified by the Government.
(4) The permanent absorption of the Government servants as employees of
the Public Sector Undertaking shall take effect from the date on which
their options are accepted by the Government and on and from the date of
such acceptance, such employees shall cease to be Government servants
and they shall be deemed to have retired from Government service.
(5) Upon absorption of Government servants in the Public Sector
Undertaking, the posts which they were holding in the Government before
such absorption shall stand abolished.
(6) The employees who opt to revert to Government service shall be redeployed through the surplus cell of the Government.
(7) The employees including quasi-permanent and temporary employees but
excluding casual labourers, who opt for permanent absorption in the
Public Sector Undertaking shall, on and from the date of absorption, be
governed by the rules and regulations or bye-laws of the Public Sector Undertaking.
(8) A permanent Government servant who has been absorbed as an employee
of a Public Sector Undertaking and his family shall be eligible for
pensionary benefits (including commutation of pension, gratuity, family
pension or extra-ordinary pension), on the basis of combined service
rendered by the employee in the government and in the Public Sector
Undertaking in accordance with the formula for calculation of such
pensionary benefits as may be in force at the time of his retirement
from the Public Sector
Undertaking or his death or at his option, to receive benefits for the
service rendered under the Central Government in accordance with the
orders issued by the Central Government.
“Explanation:- The amount of pension or family pension in respect of the
absorbed employee on retirement from the Public Sector Undertaking or
on death shall be calculated in the same way as calculated in the case
of a Central Government servant retiring or dying, on the same day”.
(9) The pension of an employee under sub-rule (8) shall be calculated on
fifty percent of emoluments or average emoluments, whichever is more
beneficial to him.
(10) In addition to pension or family pension, as the case may be, the
employee who opts for pension on the basis of combined service shall
also be eligible to dearness relief as per industrial Dearness Allowance
pattern.
(11) The benefits of pension and family pension shall be available to
quasi permanent and temporary transferred Government servants after they
have been confirmed in the Public Sector Undertaking.
(12) A Permanent Government servant absorbed in a Pubic Sector
Undertaking or a temporary or quasi-permanent Government servant who has
been confirmed in the a Public Sector Undertaking subsequent to his
absorption therein, shall be eligible to seek voluntary retirement after
completing ten years of qualifying service with the Government and the
Public Sector Undertaking taken together, and such person shall be
eligible for pensionary benefits on the basis of qualifying service.
(13) The Central Government shall create a Pension Fund in the form of a
trust and the pensionary benefits of absorbed employees shall be paid
out of a such Pension Fund.
(14) The Secretary of the administrative Ministry of the Public Sector
Undertaking shall be the Chairperson of the Board of Trustees which
shall include representatives of the Ministries of Finance, Personnel,
Public Grievances and Pensions, Labour, concerned Public Sector
Undertaking and their employees and experts in the relevant field to be
nominated by the Central Government.
(15) The procedure and the manner in which pensionary benefits are to be
sanctioned and disbursed from the Pension Fund shall be determined by
the Government on the recommendation of the Board of Trustees.
(16) The Government shall discharge its pensionary liability by paying
in lump sum as a one time payment to the Pension Fund the pension or
service gratuity and retirement gratuity for the service rendered till
the date of absorption of the Government servant in the Public Sector
Undertaking.
(17) The manner of sharing the financial liability on account of payment
of pensionary benefits by the Public Sector Undertaking shall be
determined by the Government.
(18) Lump sum amount of the pension shall be determined with reference
to Commutation Table laid down in Central Civil Services (Commutation of
Pension) Rules, 1981.
(19) The Public Sector Undertaking shall make pensionary contribution to
the Pension Fund for the period of service to be rendered by the
concerned employees under that undertaking at the rates as may be
determined by the Board of Trustees so that the Pension Fund shall be
self-supporting.
(20) If, for any financial or operational reason, the Trust is unable to
discharge its liabilities fully from the Pension Fund and the Public
Sector Undertaking is also not in a position to meet the shortfall, the
Government shall be liable to meet such expenditure and such expenditure
shall be debited to either the Fund or to the Public Sector
Undertaking.
(21) Payments of pensionary benefits of the pensioners of a Government
Department on the date of conversion of it into a Public Sector
Undertaking shall continue to be the responsibility of the Government
and the mechanism for sharing its liabilities on this account shall be
determined by the Government.
(22) Nothing contained in sub-rules (13) to (21) shall apply in the case
of conversion of the Departments of Telecom Services and Telecom
Operations into Bharat Sanchar Nigam Limited, in which case the
pensionary benefits including family pension shall be paid by the
Government.
(23) For the purposes of payment of pensionary benefits including family
pension referred to in sub-rule (22), the Government shall specify the
arrangements and the manner including the rate of pensionary
contributions to be made by Bharat Sanchar Nigam Limited to the
Government and the manner in which financial liabilitles on this account
shall be met.
(24) The arrangements under sub-rule (23) shall be applicable to the
existing pensioners and to the employees who are deemed to have retired
from the Government.
(25) Upon conversion of a Government Department into a Public Sector Undertaking,-
(a) the balance of provident fund standing at the credit of the absorbed
employees on the date of their absorption in the Public Sector
Undertaking shall, with the consent of such undertaking, be transferred
to the new Provident Fund Account of the employees in such undertaking;
(b) earned leave and half pay leave at the credit of the employees on
the date of absorption shall stand transferred to such undertaking;
.
(c) the dismissal or removal from service of the Public Sector
Undertaking of any employee after his absorption in such undertaking for
any subsequent misconduct shall not amount to for feiture of the
retirement benefits for the service rendered under the Government and in
the event of his dismissal or removal or retrenchment the decisions of
the undertaking shall be subject to review by the Ministry
administratively concerned with the undertaking.
(26) In case the Government disinvest its equity in any public sector
undertaking to the extent of fifty-one per cent or more, it shall
specify adequate safeguards for protecting the interest of the absorbed
employees of such Public Sector Undertaking,
(27) The safeguards specified under sub-rule (26) shall include option
for voluntary retirement or continued service in the undertaking or
voluntary retirement benefits on terms applicable to Government
employees employees of the Public Sector Undertaking as per option of
the employees and assured payment of earned pensionary benefits with
relaxation in period of qualifying service, as may be decided by the
Government”
(11) In the said rules, after rule 37A, the following rule shall be inserted, namely;-
“37B. Conditions for payment of pension on absorption consequent upon
conversion of a Government Department into a Central Autonomous Body.-
(1) On conversion of a department of the Central Government into an
Autonomous Body, all Government servants of that Department shall be
transferred en-masse to that Autonomous Body on terms of foreign service
without any deputation allowance till such time as they get absorbed in
the said body and such transferred Government servants shall be
absorbed in the Autonomous Body with effect from such date as may be
notified by the Government.
(2) The Central Government shall allow the transferred Government
servants an option to revert back to the Government or to seek permanent
absorption in the Autonomous Body.
(3) The option referred to in sub—rule (2) shall be exercised by every
transferred Government servant in such manner and within such period as
may be specified by the Government.
(4) The permanent absorption of the Government servants of the
Autonomous Body shall take effect from the date on which their options
are accepted by the Government and on and from the date of such
acceptance, such employees shall cease to be Government servants and
they shall be deemed to have retired from Government service.
(5) Upon absorption of Government servants in the Autonomous Body, the
posts which they were holding in the Government before such absorption
shall stand abolished.
(6) The employees who opt to revert to Government service shall be redeployed through the surplus cell of the Government.
(7) The employees including quasi-permanent and temporary employees but
excluding casual labourers, who opt for permanent absorption in the
Autonomous Body, shall on and from the date of absorption, be governed
by the rules and regulations or bye-laws of the Autonomous Body.
(8) A permanent Government servant : who has been absorbed as an
employee of an Autonomous Body an his family shall be eligible for
pensionary benefits (including commutation of pension, gratuity, family
pension or extra-ordinary pension), on the basis of combined service
rendered by him in the government and Autonomnus Body in accordance with
the formula for calculation of such pensionary benefits as may be in
force at the time of his retirement from the Autonomous Body/death or at
his option, to receive benefits for the service rendered under the
Central Government in accordance with the orders issued by the Central
Government.
Explanation:- The amount of pension or family pension in respect of the
absorbed employee on retirement from Autonomous Body or death shall be
calculated in the same way as would be the case with a Central
Government servant retiring or dying, on the same day.
(9) The pension of an employee under sub-rule (8) shall be calculated at
fifty percent of emoluments or average emoluments, whichever is more
beneficial to him.
(10) In addition to pension or family pension, as the case may be, the
absorbed employees who opt for pension on the basis of combined service
shall also be eligible to dearness relief as per central dearness
allowance pattern.
(11) The benefits of pension and family pension shall be available to
quasi-permanent and temporary transferred Government servants after they
have been confirmed in the Autonomous Body.
(12) The Central Government shall create a Pension Fund in the form of a
trust and the pensionary benefits of absorbed employees shall be paid
out of such Pension Fund.
(13) The Secretary of the administrative Ministry of the autonomous body
shall be the Chairperson of the Board of Trustees which shall include
representatives of the Ministries of Finance, Personnel, Public
Grievances and Pensions, Labour, concerned Autonomous Body and their
employees and experts in the relevant field to be nominated by the
Central Government.
(14) The procedure and the manner in which pensionary benefits are to be
sanctioned and disbursed from the Pension Fund shall be determined by
the Government on the recommendation of the Board of Trustees.
(15) The Government shall discharge its pensionary liability by paying
inlump sum as a one time payment to the Pension Fund the pension or
service gratuity and retirement gratuity for the service rendered till
the date of absorption of the Government servant in the Autonomous Body.
(16) The manner of sharing the financial liability on account of payment
of pensnary benefits by the Autonomous Body shall be determined by the
Government.
(17) Lump sum amount of the pension shall be determined with reference
to Commutation Table laid down in Central Civil Services (Commutation of
Pension) Rules, 1981.
(18) The Autonomous Body shall make pensionary contribution to the
Pension Fund for the period of service to be rendered by the concerned
employees under that body at the rates as may be determined by the Board
of Trustees to that the Pension Fund shall be self-supporting.
(19) If, for any financial or operational reason, the Trust is unable to
discharge its liabilities fully from the Pension Fund and the
Autonomous Body is also not in a position to meet the shortfall, the
Government shall be liable to meet such expenditure and such expenditure
shall be debited to either the Fund or to the Autonomous Body, as the
case may be.
(20) Payments of pensionary benefits of the pensioners of a Government
Department on the date of conversion of it into an Autonomous Body shall
continue to be the responsibility of the Government and the mechanism
for sharing its liabilities on this account shall be determined by the
Government.
(21) Upon conversion of a Government Department into an Autonomous Body .--
(a) the balance of provident fund standing at the credit of the absorbed
employees on the date of their absorption in the Autonomous Body shall,
with the consent of such body, be transferred to the new Provident Fund
Account of the employees in such body.
(b) earned leave and half pay leave at the credit of the employees on
the date of absorption shall stand transferred to such body.
(c) the dismissal or removal from service of the Autonomous Body of any
employee after his absorption in such body for any subsequent misconduct
shall not amount to for feiture of the retirement benefits for the
service rendered under the Government and In the event of his dismissal
or removal or retrenchment the decisions of the body shall be subject to
review by the Ministry administratively concerned with the body.
(22) In case the Government disinvests its equity in any Autonomous Body
to the extent of fifty-one per cent or more, it shall specify adequate
safeguards for protecting the interest of the absorbed employees of such
Autonomous Body‘
(23) The safeguards specified under sub-rule (22) shall include option
for voluntary retirement or continued service in the body, as the case
may be, or voluntary retirement benefits on terms applicable to
Government employees or employees of the Autonomous Body as per option
of the employees, assured payment of earned pensioriry benefits with
relaxation in period of qualifying service, as may be decided, by the
Government.
(24) Nothing contained in this rule shall be applicable to the officers
or employees including members or Indian Information Service, Central
Secretariat service or any other service or to the persons borne on
cadres outside Akashvani and Doordarshan, serving in the Akashvani and
Doordarshan and engaged in the performance of functions transferred to
Prasar Bharati established under Prasar Bharati (Broadcasting
Corporation of India) Act. 1990.
(12) In the said rules, in rule 48A,-
(i) sub-rule (5) shall be omitted.
(ii) in sub-rule (6), for clause (a), the following clause shall be substituted,namely;—
"(a) retires under the Special Voluntary Retirement Scheme relating to voluntary retirement of surplus employees, or
(13) In the said rules, rule 48B shall be omitted;
(14) In the said rules, rule 48C shall be omitted;
[F. No. 38/80/08-P&PW]
TRIPTI P.GHOSH,
Director
Source: www.pensionersportal.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/Notification1_211212.pdf]
